IN THE HIGH COURT OF ANDHRA PRADESH AMARAV (Special Original Jurisdiction) FRIDAY ,THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 20023 OF 2017 Between: The Diocese of Guntur Society, Rep. by its President Most, Ch. Bhagyaiah, S/o. Mathenaiah, aged about 61 House, Chandramouli Nagar, Guntur - 522 007. Reverend years, R/o. Bishop's ...Petitioner AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, Secretariat at Velagapudi, Guntur, Guntur District. 2. The Commissioner of School Education, Anjaneya Towers, 2 Door No.7-104, Ibrahimpatnam, Vijayawada, Krishna District, State of Andhra Pradesh. 3. The Regional Joint Director of School Education 4. The District Educational Officer, Guntur. nd Block, Guntur. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may a Writ of Mandamus declaring the action of the respondents in not according permission to fill the sanctioned aided vacancies of the Petitioner Institutions as illegal, improper, unjust, arbitrary and violative of Article 14, 21-A and 45 of Constitution of India and Hon'ble Apex Court and further direct the Respondents 1 to 4 to accord permission to till the sanctioned aided posts in the petitioner institutions r 1 OF 2017(WPMP. NO: 24505 OF 2017) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 to 3 to accord permission to fill the sanctioned aided posts in the petitioner educational institutions forthwith i^NO: 1 OF 2018 Between: 1. State of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, Secretariat at Velagapudi, Guntur, Guntur District. 2. The Commissioner of School Education, Anjaneya Towers, 2 Door No.7-104, Ibrahimpatnam, Vijayawada, Krishna District, State of Andhra Pradesh, 3. The Regional Joint Director of School Education, Guntur. 4. The District Educational Officer, Guntur. 'i. nd Block, ... Petitioners/Respondents AND The Diocese of Guntur Society, Rep. by its President Most, Reverend Ch Bhagyaiah, S/o. Mathenaiah, aged about 61 years, R/o. Bishop's House, Chandramouli Nagar, Guntur - 522 007. ...Respondents/Petitioners Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order passed in WP. MP. No. 24505 of 2017 m WP. No. 20023 of 2017 dated 10.07.2017 Counsel for the Petitioner: SRI K RAMAMOHAN Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following: Order % APHC010329422017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 20023/2017 Between: The Diocese Of Guntur Society Rep. By Its President Most AND State Of Andhra Pradesh Rep By Its Principal Secretary ...RESPONDENT(S) and Others Counsel for th^etitloner; 1.KRAMAMOHAN Counsel for the Respondent(S); 1.GP FOR SCHOOL EDUCATION (AP) The Court made the following ORDER: ...PETITIONER The instant writ petition is being filed by the petitioner-Education Institution, challenging the action of the respondents in not permitting them to fill up the vacant posts in its School. Heard Smt. Y. Mahalakshmi, learned counsel representing the learned counsel for the petitioner and Sri Gurram Rama Chandra Rao, learned Government Pleader for School Education, appearing for the respondents 2. State. 2 When the matter is taken up for hearing, it is brought to the notice of this Court by both the learned counsels that similar issue had come up before this Court in W.P.No.30927 of 2022 and Batch, and this Court disposed of the said writ petitions vide common order on 05.01.2023 with certain directions to the respondents and hence, they prayed for a similar order in this writ petition as well. However, learned Government Pleader for School Education requested to grant reasonable time for compliance of the directions to be issued by this Court in view of the ongoing summer holidays for Schools. 3. 4. Perused the common order dated 05.01.2023 in W.P.No.30927 of 2022 & Batch. Relevant portion of the said order is reproduced as under; “ 9- In view of the above stand taken by the Government, all the Writ Petitions are disposed of with the following directions; The respondent-authorities are hereby directed to permit the petitioners-institutions to fill up all the Aided vacancies in terms of G.O.Ms.No.l, Education, dated 01.01.1994 and also the Schedule prescribed under Sections 19 & 25 of the Act, 2009; i) as per ii) In future also, whenever vacancies arise, the institutions have to make applications to the Competent authorities for filling up the vacancies; On such applications, the Competent authorities shall inform the institution about the availability of qualified surplus staff, within a period of four (04) weeks from the date of application and allot said surplus staff on permanent basis; iv) If surplus staff are not available, the Competent authority shall inform the same and permit the petitioners- institutions to fill up 3 the vacancies in accordance with the above said Rule, preferably within a period of two (02) months; V) So far as minority institutions are concerned, the above procedure is not applicable insofar as allotment of surplus staff are concerned, in view of the Judgments of Division Bench of this Court rendered in Modern High School, Zamisthanpur .V Government of Andhra Pradesh and Others' and Ester Axene Res. High School and Others .V State of Andhra Pradesh and Others^. Vi) The entire exercise shall be completed by the respondent- authorities within a period of three (03) months from the date of receipt of a copy of this order ” 5. Further, both the learned counsels have brought to the notice of this Court that, as of now, no appeal has been filed challenging the aforesaid common order dated 05.01.2023 in W.P.No.30927 of 2022 and batch. When identical matter fell for consideration in W.P.No.4999 of 2024, this Court disposed of the said writ petition on 27.02.2024 by following the aforesaid common order. In view of the series of orders on the same subject matter, this Court is of the considered opinion that the facts of the present case are also squarely covered by the common order dated 05.01.2023 of this Court. 6. Accordingly, this Writ Petition is disposed of in terms of the above } common order dated 05.01.2023 passed by this Court in W.P.No.30927 of 2022 & Batch, for the reasons alike, however, by extending the time for ' 202(1) ALD 96 2MANU/AP/0045/2019 4 -m compliance, in view of the difficulty expressed by the learned Government Pleader, with the following directions:- The respondent-authorities are hereby directed to permit the petitioner-institution to fill up all the Aided vacancies in terms of G.O.Ms.No.1, Education, dated 01.01.1994 and also as per the Schedule prescribed under Sections 19 & 25 of the Act, 2009; In future also, whenever vacancies arise, the institution has to make application to the Competent authorities for filling up the vacancies; On such application, the Competent authorities shall inform the institution about the availability of qualified surplus staff, within a period of four (04) weeks from the date of application and allot said surplus staff on permanent basis; Ml. If surplus staff are not available, the Competent authority shall inform the same and permit the petitioner-institution to fill the vacancies in accordance with the above said Rule, preferably within a period of three (03) months; IV. up So far as minority institutions are concerned, the above procedure is not applicable insofar as allotment of surplus staff are concerned, in view of the Judgments of Division Bench of this Court rendered in Modem High School, Zamisthanpur .V Government of Andhra Pradesh and Others^ and Ester Axene Res. High School and Others .V State of Andhra Pradesh and Others^. V. The entire exercise shall be completed by the respondent- authorities within a period of four (04) months from the date of receipt of a copy of this order ” VI. ^202(1) ALD 96 MANU/AP/0045/2019 5 No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary,-School Education Department, Secretariat at Velagapudi, Guntur, Guntur District, State of Andhra Pradesh (BY SPECIALMESSENGER) 2. The Commissioner of School Education, Anjaneya Towers, 2 Block, Door No.7-104, Ibrahimpatnam, Vijayawada, Krishna District, State of Andhra Pradesh. 3. The Regional Joint Director of School Education, Guntur. 4. The District Educational Officer, Guntur. (Addressee Nos.2 to 4 BY RPAD) 5. One CC to SRI. K RAMAMOHAN Advocate [OPUC] 6. Two CCS to GP FOR SCHOOL EDUCATION, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies nd G high court DATED; 02/05/2025 S 12 JUN 2025 ORDER ■9 ★ WP.No.20023 of 2017 d/spossing the writ WITHOUT COStI PETITIION